Skip to main content
×
×
Home

Can Extraterritorial Jurisdiction Help Overcome Regulatory Gaps of Animal Law? Insights from Trophy Hunting

  • Charlotte Blattner (a1)
Extract

Cross-border trade, industry outsourcing, and increased animal migration are becoming pressing issues for numerous states and fundamentally challenge our conceptions of animal law as territorial. Instead of proposing that nations try to solve these problems by coming to agreement on low and mostly ineffective standards, this essay opens an unexplored and promising avenue for animal law: extraterritorial protection. Using the example of trophy hunting, the essay reveals the many established jurisdictional options that can help animal law to overcome regulatory gaps, and showcases how animal issues can thereby gain visibility on the international plane.

  • View HTML
    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      Can Extraterritorial Jurisdiction Help Overcome Regulatory Gaps of Animal Law? Insights from Trophy Hunting
      Available formats
      ×
      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      Can Extraterritorial Jurisdiction Help Overcome Regulatory Gaps of Animal Law? Insights from Trophy Hunting
      Available formats
      ×
      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      Can Extraterritorial Jurisdiction Help Overcome Regulatory Gaps of Animal Law? Insights from Trophy Hunting
      Available formats
      ×
Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
Hide All

1 Christina Capecchi & Katie Rogers, Killer of Cecil the Lion Finds out That He Is a Target Now of Internet Vigilantism, N.Y. Times (July 29, 2015).

2 The term trophy hunting does not reveal whether it is legal at the place where the animal is killed; poaching, in contrast, clearly denotes illegal wildlife killing.

4 Werner Meng, Extraterritoriale Jurisdiktion im öffentlichen Wirtschaftsrecht 10–13 (1994); Walter Rudolf, Territoriale Grenzen der staatlichen Rechtsetzung, 11 Berichte der Deutschen Gesellschaft für Völkerrecht 7, 9–10 (1973).

5 Ilias Bantekas, Criminal Jurisdiction of States Under International Law, in Max Planck Encyclopedia for Public International Law 13 (Rüdiger Wolfrum ed., 2011).

8 Directorate-General for External Policies, Policy Department, The Extraterritorial Effects of Legislation and Policies in the EU and US, requested by the European Parliament's Committee on Foreign Affairs 5 (European Union 2012).

9 See e.g., Kiobel v. Royal Dutch Petroleum, 133 S.Ct. 1659, 1671 (2013) (Breyer, J., concurring).

10 Jennifer A. Zerk, Extraterritorial Jurisdiction: Lessons for the Business and Human Rights Sphere from Six Regulatory Areas 207–08 (Corp. Soc. Responsibility Initiative Working Paper 59, 2010).

11 (Emphasis added) Animal Welfare Act 1999, s 38 (N.Z.).

12 Arrest Warrant (Dem. Rep. Congo v. Belg.), 2002 ICJ Rep. 81 (Feb. 14) (Joint Separate Opinion of Judges Higgins, Kooijmans, and Buergenthal).

13 Charlotte E. Blattner, An Assessment of Recent Trade Law Developments from an Animal Law Perspective: Trade Law as the Sheep in the Wolf's Clothing?, 22 Animal L. Rev. 277, 302 (2016); Michael Bowman et al., Lyster's International Wildlife Law 678–79 (2d ed. 2010); Katie Sykes, Sealing Animal Welfare into the GATT Exceptions: The International Dimension of Animal Welfare in WTO Disputes, 13 World Trade Rev. 471 (2014); Neil Trent et al., International Animal Law, with a Concentration on Latin America, Asia, and Africa, in 3 The State of the Animals 65, 77 (Deborah J. Salem & Andrew N. Rowan eds., 2005).

14 Bowman et al., supra note 13, at 680; Sykes, supra note 13, at 479–80.

15 Denmark Passes Law to Ban Bestiality, BBC Newsbeat (Apr. 22, 2015).

16 At Last! Denmark Bans Bestiality, PETAUK (Apr. 2015).

17 Det Dyreetiske Råd Udtalelse om menneskers seksuelle omgang med dyr [Danish Ethical Council, Opinion on Sexual Intercourse with Animals] 21 (Nov. 2006).

18 This is expected to be the third wave of industry outsourcing following the first wave of manufacture outsourcing of the 1980s and the second wave of information outsourcing of the 1990s: Outsourcing's Third Wave, The Economist (May 21, 2009).

19 For example, Rice, CEO of a U.S. pharmaceutical corporation, stated in 2006: “[a]nimal testing … does not have the political issues it has in the US or Europe or even India, where there are religious issues as well. So now big pharma is looking to move to China in a big way.” (Jehangir S. Pocha, Outsourcing Animal Testing: US Firm Setting Up Drug-Trial Facilities in China: Where Scientists Are Plentiful but Activists Aren't, Boston Globe (Nov. 25, 2006)).

20 R. Scott Nolen, U.S. Horse Slaughter Exports to Mexico Increase 312%, AVMA News (Jan. 15, 2008).

21 Steven White & Deborah Cao, Introduction: Animal Protection in an Interconnected World, in Animal Law and Welfare: International Perspectives 1, 2 (Deborah Cao & Steven White eds., 2016).

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

AJIL Unbound
  • ISSN: -
  • EISSN: 2398-7723
  • URL: /core/journals/american-journal-of-international-law
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Metrics

Altmetric attention score

Full text views

Total number of HTML views: 34
Total number of PDF views: 137 *
Loading metrics...

Abstract views

Total abstract views: 365 *
Loading metrics...

* Views captured on Cambridge Core between 18th December 2017 - 22nd July 2018. This data will be updated every 24 hours.